OOO “Port Vyborgsky” (Vyborg, Leningrad region), despite a court decision from March, 19th, 2010, did not vacate moorings of port Vyborg (9 moorings of federal property), and did not return to FSUE “Rosmorport” the money resources which are subject to payment for using of objects of the real estate (port moorings). The sum above 12,5 million rubles, which is subject to payment today, is recognized by court as a superficial enrichment of OOO “Port Vyborgsky”.

“The court decision on the given case was issued in March, however till now we did not receive any offers concerning possible variants of execution of the decision from the debtor. We were ready to consider offers on deferred payment or possible coordinated payments schedule”, — comments Sergey Ljadov, acting director of the FSUE “Rosmorport” Vyborg-Vysotsk branch.

Due to the current situation FSUE “Rosmorport” is to initiate executory process against OOO “Port Vyborgsky”. The state enterprise does not exclude that during executory process port activity at the objects used by the aforementioned organization, can be suspended. “Because of the company ignoring Russian legislation, in particular, the court decision which is subject to execution, all port activities are under the threat now”,— underlines Ljadov.

FSUE “Rosmorport” reference

Due to the illegal use of the federal property objects, in the middle of 2009 FSUE “Rosmorport” made to Arbitration court of Saint-Petersburg and Leningrad region the claim against OOO “Port Vyborgsky” concerning cancelling the rent contracts for nine moorings of the seaport of Vyborg and collecting over 12,5 million rubles for moorings usage. The court of the first instance recognized the enterprise position as well-founded. The respondent has challenged the given decision. By the decision of appeal instance from December, 21st, 2009 the decision of the first instance was cancelled. Then the Federal arbitration court of Northwest district considered the FSUE “Rosmorport” appeal on the decision of the Thirteenth arbitration appeal court from December, 21st, 2009 concerning the FSUE “Rosmorport” claim against OOO “Port Vyborgsky” and on March, 19th, 2010 recognized as correct the conclusion of the first instance court. The court obliged OOO “Port Vyborgsky” to pay FSUE “Rosmorport” money for the real estate objects usage and to vacate occupied moorings.

OOO “Port Vyborgsky” is included into structure of OMG holding which is in a bankruptcy state now.

FSUE “Rosmorport” press-secretary